State Farm Fire Bad Faith Summary Judgment Win in the Oklahoma County District Court

GableGotwals obtained summary judgment in Phoenix v. Dawkins v. State Farm Fire and Casualty Company. The suit was initiated by Phoenix Construction Disaster Services and Defendant/Third-Party Plaintiff, Taressa Dawkins, added a Third-Party claim against State Farm for breach of contract and bad faith. Oklahoma County District Court Judge Sheila Stinson held Dawkins breach of contract claim was barred by the one-year contractual limitations period. She further held in favor of State Farm on the merits of the claims for breach of contract and bad faith, making for another complete victory at the trial court level.

Following GableGotwals’ successful representation of Security Bank & Trust, Co. on its civil claims for fraud, conspiracy, and civil RICO (racketeering) against a former bank customer and a former bank employee, criminal charges were filed by the U.S. Attorney’s Office in the Northern District of Oklahoma.

The Court sustained State Farm’s motion on the breach of contract claim, and by extension, bad faith and punitive damages, making for a complete victory at the trial court level.

GableGotwals obtained a unanimous jury verdict in favor of its client, Toklan Oil & Gas, LLC, in Tulsa County District Court. The case arose from a casing leak repair operation on an oil well. After four days of trial, the Court submitted the case to the jury who returned a unanimous verdict in favor of Toklan.

GableGotwals represented subcontractor Metal Building Industries (MBI) in a 5-day jury trial to recover for non-payment for work completed on a commercial construction contract. The jury spent just 45 minutes deliberating before entering a verdict in favor of MBI on breach of contract for the entire $181,015.97.

GableGotwals obtained an Opinion from the Oklahoma Supreme Court affirming denial of a motion for temporary injunction in a matter filed pursuant to the Oklahoma Surface Damages Act. The oil and gas operator, represented by GableGotwals, was authorized to proceed with drilling its wells over the objection of a landowner claiming municipal zoning ordinances prevented the drilling. The District Court denied the landowner’s motion for temporary injunction, and the Oklahoma Supreme Court affirmed after the landowner was granted an emergency injunction to stop the drilling. The Oklahoma Supreme Court further ordered that the operator could collect on the landowner’s posted bond.

GableGotwals obtained summary judgment for a University in the District Court of Oklahoma County, State of Oklahoma. The University was sued for terminating a service contract with a vendor. The University counter-claimed for declaratory relief on grounds that it properly terminated the contract. District Judge Don Andrews held the vendor was in material breach of the parties’ service contract and the University’s termination was justified under the contract’s terms. Further, the Court held that the University did not tortiously interfere with the vendor and that the vendor was not entitled to an equitable accounting.

On claim challenging validity of lease and seeking recovery of over $2 million in oil and gas proceeds, and successfully defended summary judgment on appeal.

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